Interpretation ID: nht92-1.16

DATE: 12/18/92

FROM: CHRISTOPHER J. DANIELS -- NELSON, MULLINS, RILEY & SCARBOROUGH

TO: PAUL JACKSON RICE -- CHIEF COUNSEL DEPARTMENT OF TRANSPORTATION, NHTSA

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 2-11-93 FROM JOHN WOMACK TO CHRISTOPHER J. DANIELS (A40; STD. 109; STD. 119; PART 574)

TEXT: I have recently inspected a tire manufactured in Canada, on which the DOT number had been obliterated with a cutting tool to the point that the DOT number is completely gone.

It is my belief that the tire was knowingly and improperly sold with the tire's DOT number removed. On this basis, would you or someone at the Department of Transportation advise on the following:

1. If it is illegal for a tire to be exported from Canada to the United States without a DOT serial number in violation of customs, UCC, or FMVSS regulations.

2. If it is illegal to sell, or use, a tire for highway use without a DOT serial number.

After reviewing FMVSS Nos. 109 and 119 and Part 574 regarding tire identification regulations, I have not been able to find language which specifically and clearly states that it is illegal to sell or use a tire for highway use without a DOT serial number, although that is my interpretation.

I inquire as to whether or not you can provide or assist me in locating any documentation which could address the above questions.

Your assistance will be greatly appreciated. Please call me if you would like to discuss this further.